A.C. Goyal, J. - (1.) This appeal is directed against the judgment dated 8.10.1998 whereby the learned Special Judge (Women Atrocities and Dowry Cases), Jaipur City, Jaipur convicted and sentenced the accused appellant Narendra Kumar to undergo seven years rigorous imprisonment under Section 304-B I.P.C. and three years rigorous imprisonment and fine of Rs. 500/-, in default three months rigorous imprisonment under Section 498-A I.P.C. and the accused appellant Smt. Santosh Devi was convicted and sentenced with three years rigorous imprisonment and fine of Rs. 500/-, in default three months rigorous imprisonment under Section 498-A I.P.C. in sessions case No. 317/1997. Both the sentences awarded to accused Narendra Kumar were ordered to run concurrently.
(2.) The prosecution story, in brief is that S.H.O. police Station Nahargarh Road, Jaipur City received a telephonic message on 28.7.1997 at about 10.10 a.m. through Sh. Ram Swaroop, compounder posted in S.M.S. Hospital, Jaipur that Sh. Narendra Kumar and had come to the hospital at about 8.15 a.m. with his wife Smt. Manju, who was dead. This information was reduced in writing which is Ex.R 35. A.S.I. Sh. Shiv Pal Singh proceeded to S.M.S. Hospital, Jaipur, where accused Narendra Kumar informed that he was married to Smt. Manju on 26.11.1992. Thereupon, A.S.I. Shiv Pal Singh informed S.D.M. Jaipur City, Jaipur vide letter Ex. P 28 to initiate proceedings under Section 176 Cr.RC. PW. 13 Sh. Sunil Sharma, S.D.M. initiated proceedings under Section 176 Cr.RC. Panchayatnama of the dead body Ex. R 5 was prepared on 29.7.1997. He also recorded the statements of some of the witnesses and forwarded the papers to investigation officer. In the mean time PW 7 Ashok Kumar, brother of the deceased Manju, submitted a written report Ex.P 8 to S.H.O., Nahargarh at about 8.55 p.m. on 29.7.1997 with the averments that his sister Manju was married to Narendra Kumar near about five years ago. The father of the informant had already expired and financial condition of their family was not good, hence in-laws of Manju were not satisfied with the dowry and they, just after the marriage, started harassing and beating his sister to bring dowry. Father-in-law Nathu Lal, elder sister-in-law Smt. Santosh, elder brother-in- law Vijay, Mahesh brother-in-law of Vijay, all started harassing his sister. Accused Narendra Kumar gave beating to his sister a number of times and she was left to her parents house at Deeg. She was not taken back to her in-laws house. Hence, Manju filed a criminal complaint under Sections 498-A and 406 I.RC. which is Ex.P 7 dated 3.2.1997. Thereafter, the accused Narendra Kumar along with his brother-in-law Mahesh came and took his sister with him on assurance of good behaviour. Accused Narendra Kumar used to live with his brother Vijay and sister-in- law (wife of Vijay) Smt. Santosh at Jaipur and he continued beating his sister. At about 10 p.m. on 28.7.1997, they came to know that Manju had died at Jaipur and they had got apprehension that her husband Narendra Kumar and other accused persons are responsible for her death. Formal F.I.R. Ex. R 9 under Sections 498-A and 304-B I.RC. was registered. Post-mortem of the dead body Ex.P 15 was conducted. Site plan Ex.P 5 was prepared on 30.7.1997. Accused appellant Smt. Santosh was arrested on 14.10.1997 vide arrest memo Ex. R 11 while accused appellant Narendra Kumar was arrested on 1.8.1997 vide arrest memo Ex. R 14 and some dowry articles were recovered at the instance of accused Narendra Kumar. After completion of usual investigation, charge-sheet came to be filed, in due course, the case came up for trial before the learned Trial Judge who framed charges under Sections 498-A and 304-B I.RC. against both the accused appellants. They pleaded not guilty and claimed trial. The prosecution examined as many as 14 witnesses. The accused appellants were examined as provided under Section 313 Cr.RC. They denied all the allegations. In defence, the accused appellant Narendra Kumar apart from himself examined DW 1 Babu Lal and DW 2 Madan Lal. The learned Trial Judge, having heard final submissions acquitted the accused appellant Smt. Santosh for offence under Section 304-B I.RC. but convicted and sentenced the accused appellants as stated here-in-above.
(3.) I have heard learned counsel for the appellants, learned Public Prosecutor and scanned the entire evidence. Before coming to the rival submission, it would be proper to reproduce the provisions of Sections 498-A and 304-B I.P.C. which are as under: "498-A : Husband or relative of husband of a woman subjecting her to cruelty. - Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation : (a) any wilful conduct which is of such a nature as is likely to drive the women to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 304-B. Dowry Death. - Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before hear death she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. Explanation.- For the purpose of this sub- section, "dowry", shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.;